REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAPSABET ELCL.MISC. NO. E011 OF 2025 SIMION BARNO ............................................ 1ST PLAINTIFF /APPLICANT STANLEY KILEL .............................................2ND PLAINTIFF /APPLICANT GILBERT SITIENEI ....................................... 3RD PLAINTIFF /APPLICANT VERSUS DCI NANDI SOUTH ............................... DEFENDANT/RESPONDENT RULING 1. The three applicants through Kipkorir, Kipkorir and Company Advocates generated the application by a Notice of Motion dated 24th February 2025 seeking the orders infra; a) Moot b) Moot KAPSABET ELCLMISC NO. E011 OF 2025 RULING 1
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c) That, the Honorable Court be pleased to call to this Honorable Court ELDORET case E&L 365 of 2019 for purpose of transferring the same to Kapsabet Chief Magistrates Court for hearing and determination. d) That, the cost of this application be provided for. e) That, this Honorable Court do issue such other orders as it deems fit in the interests of justice. 2. The anchorage of the application is the 1 st applicant’s affidavit of fourteen paragraphs sworn on even date by the 1st applicant alongside seven grounds, inter alia; a) The applicant's claim on the subject matter Nandi/Kapkolei/Legemeet/125, 126 and 127 being allocated by the government in 1998. b) The applicant's further claim on the subject matter under adverse possession since they have been in uninterrupted possession for more than 12 years. c) There is need to have Eldoret case E & L 365 of 2019 transferred to this honourable court. 3. Principally, the applicants seek the transfer of Eldoret ELCC No. 365 of 2016 to this court as stated in paragraph 1 (c) hereinabove. There is a copy of a plaint in that suit KAPSABET ELCLMISC NO. E011 OF 2025 RULING 2
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and other documents accompanying the affidavit in support of the application. 4. The application is set for hearing. However, the applicants without any reason, are absent to prosecute it. 5. Ms. M Odeyo learned counsel for the respondent has implored the court to dismiss the application. 6. It notable that the application has been pending in court since February 2025 inconsistent with Article 159 (2) (b) of the Constitution of Kenya 2010 which provides; Justice shall not be delayed 7. Moreover, this court is bound by the principles of equity enshrined in Article 10 of the Constitution of Kenya 2010 that delay defeats equity and equity aids the vigilant and not the indolent, among others. 8. Clearly, the applicants have demonstrated inexcusable laxity in the hearing and disposal of this application; see also Njenga & another vs Dean & 7 others {2025} KEHC 9219 (KLR). 9. Order 9 Rule 22 of the Civil Procedure Rules 2010 provides for dismissal of such an application or suit, Therefore, striking a balance with both Articles 10 and 159 (2) (supra) KAPSABET ELCLMISC NO. E011 OF 2025 RULING 3
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and sections 3 and 19 of the Environment and Land Court Act 2015 (2011) herein, I find that the application yearns for dismissal in the circumstances. 10. Thus, the entire application dated 24 th February 2025 be and is hereby dismissed with no orders as to costs. 11. It is so ordered. Dated and Delivered at Kapsabet this 22nd Day of July, 2026. HON. G M A ONGONDO JUDGE In the presence of; 1. Ms. M. Odeyo learned counsel for the Respondent 2. Mr. Walter Kipkorir, Court Assistant KAPSABET ELCLMISC NO. E011 OF 2025 RULING 4
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